[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR1262.204]



[Page 367]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1262_EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS--Table of 

Contents

 

           Subpart 1262.2_Information Required From Applicants

 

Sec. 1262.204  When an application may be filed.



    (a) An application may be filed whenever the applicant has prevailed 

in the proceeding or in a significant and discrete substantive portion 

of the proceeding, but in no case later than 30 days after the Agency's 

final disposition of the proceeding.

    (b) If review or reconsideration is sought or taken of a decision as 

to which an applicant believes it has prevailed, proceedings for the 

award of fees shall be stayed pending final disposition of the 

underlying controversy.

    (c) For purposes of this rule, final disposition means the latter 

of:

    (1) The date on which the last ``initial decision'', in a bifurcated 

proceeding, or other recommended disposition of the merits (both as to 

liability and amount, if applicable) of the proceeding, by an 

adjudicative officer or intermediate reviewer, becomes administratively 

final;

    (2) The date on which an order is issued disposing of any petitions 

for reconsideration;

    (3) If no petition for reconsideration is filed, the last date on 

which such a petition could have been filed; or

    (4) The date of a final order or any other final resolution of the 

proceeding, such as a settlement or a voluntary dismissal, which is not 

subject to a petition for reconsideration.